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Friday 3rd of February 2023
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Divorce in the contemporary world

Divorce in the contemporary world

Excessive freedom, the spread of prostitution, economic independence of women, women employment  in offices, Institutions,  Factories, weakness of faith and religious beliefs, The possibility of carrying out the sexual instinct in the free market, the loss of intellectual spirit and giving in the affairs to emotions , Pretending to be an open-minded and freedom from religious and ethical encumbrance of correct family and social traditions, Retaliation from the factors of general prohibition of divorce and so on are the things and the reasons that have brought about the dissolution of family and divorce Primarily in Western societies and secondly those who follow their cultures in a way that in some countries every three marriages and in others every two marriages, and even every marriage lead to divorce. And naturally on one hand it causes men and women separation and on the other hand they both fall into corruption and promiscuity and therefore the spread of sexually transmitted diseases and AIDS increase, and their children will be headed toward homelessness and vagrancy, corruption, addiction and pollution of sex and crime, violence, theft and so on and finally it results in another huge problem for the societies. From 1996 to 2002, the divorce rate of 68% in some countries and the least the 5% recorded in Muslim countries.

  • Divorce is the most hated permissible act (Halal) and how to decrease it

Imam Sadiq (AS) narrates that the Messenger of Allah said:

Nothing is liked more than the house which is built by marriage and nothing is hated so much but the house which is ruined by divorce before Allah.

And the Prophet also said:

Allah hasn’t made anything lawful and permissible (halal) which is detested more than divoce.

And also the Prophet said:

The most detested and hateful things to me are divorce and separation.

The Messenger of Allah said: the wrath of God is upon the one who tries to separate husband and wife, and he is cursed both in this world and hereafter. "4"

He also said: the one who causes separation between husband and wife will be severely cursed by Allah in this world and the hereafter, although he does not succeed, And Allah's grace upon him will unlawful and forbidden by Allah himself. "5"

The mentioned traditions about divorce reveal the Islam point of view about the divorce and nothing worse can be explicitly mentioned about the divorce rather than it is hated by Allah and the one who tries to separate a couple is subjected to Allah’s curse and wrath.

  • The competent court at home

The Book of Allah has advised all families. When the couple had a dispute, the elders in the family shouldn’t leave the couple alone, but it is necessary to establish a family court and skillfully prevent them from getting divorced by pointing out the virtues of husband and wife to each other and ask them to avoid the divorce by reminding them of the fear of Resurrection and the punishment of the   transgressor and persuade them to reconcile.

In this regard the Quran says:

If there appears to be discord between a wife and her husband and if they desire reconciliation choose arbiters from the families of both sides. God will bring them together; God is All-knowing and All-aware.(6)

The presence of two wise persons to witness the divorce taking place has been considered as necessary in order that this despised and hateful act takes place less, and the two just persons would never witness such an act which is cruel and against the justice – the so called divorce. Moreover, discerning the justice in the one who is witness is difficult.

  • The wife Cleanliness at the time of divorce

When the divorce is to take place the wife shouldn’t have had a sexual intercourse with her husband, since the occurrence of this condition is required a time to be passed so that the marital relationship between them has not been made. And this is a good reason for intensifying their passion to each other and dissuades them from running their divorce.

  • Leaving home at the time of Iddah rajeeiah

Iddah(عده) is The amount of time after divorce or the death of her husband that a woman should abstain from marriage. And in the Iddah rajeeiah or in the revocable divorce the man can return to his wife without remarrying her officially.

In the second verse of Surah divorce it is mentioned that in the revocable divorce the husbands are not allowed to evict their wives from their houses and the women shouldn’t voluntarily leave the house of their husbands too, and it is necessary to stay at their homes during those three months and ten days which is known as Iddah(عده) period.

Do not drive them from their homes or let them go away unless they commit a proven immorality.

And naturally the woman’s presence at home specially at husband’s house in such a long period of time can be the reason for them to see each other every day and remember the past kindness and affections they used to have and if they have decided to divorce based on some ephemeral emotions and feelings, they would come back in their right mind and they would hold on the sweet promise of amity and come out of the trap of Satan and continue their matrimony life

In any case these three months and ten days which are of the Islamic rules in divorce is the opportunity for both sides to return from their hasty decision and commence their matrimony life once again. And especially that slight willingness of husband is the reason for the married life to be restored as it is stated in Jurisprudence.

Footnotes:

(1) - Vasael Vol 22, p. 7.
(2) - Kanz amal vol. 9, p. 661, hadith 27871.
(3) - Quran and dignity of women 163.

(4) - Vasael Vol 15, chapter of Divorce.
(5) - Bihar vol. 76, p. 368.
(6) - Nisa 40.
 
 

The above content is taken from:
Book: the Wise Commentary Volume 6
Written by: Professor Ansarian


source : erfan.ir
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